JUDICIAL ETHICS FOR COURT STAFF - TMCEC · State Commission on Judicial Conduct Judicial Ethics And Court Administrators 2 Commission Objectives Protect the public Promote public

State Commission on Judicial Conduct

Judicial Ethics And Court Administrators 1

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JUDICIAL ETHICS FOR COURT STAFF

INTRODUCTION TO THE STATE COMMISSION

ON JUIDICIAL CONDUCT*****

Court Administrator Training Texas Municipal Court Education Center

Corpus Christi, Texas June, 2016

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Judicial Ethics And Court Administrators

Overview of the Commission

Test Your Knowledge About the Canons

Canons That Relate to Court Staff

Commission Statistics

Recent Sanctions Involving Court Staff

Practical Examples

Helpful Resources

The Commission

Created in 1965

Constitutional Amendment

Part of the Judicial Branch

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Commission Objectives

Protect the public Promote public confidence in integrity,

independent, and impartiality of judiciary Encourage judges to maintain high

standards of conduct on and off the bench.

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Code of Judicial Conduct

Definitions: – “A collection of rules governing the conduct of

judges while they serve in their professional capacity.”

– “Provides guidance for judges on issues of judicial integrity and independence, diligence and impartiality, permissible extra judicial activities, and avoidance of impropriety and appearance of impropriety.”

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Where Can I Find the Code of Judicial Conduct (the “Canons)?

Go to the Commission on Judicial Conduct, www.scjc.state.tx.us, and click “Governing Provisions.”

Or link from the Texas Municipal Courts Education Center, www.tmcec.com, to “Judges” and click “Code of Judicial.”

Or link from the Office of Court Administration, www.courts.state.tx.us/oca, to “Judicial Entities” and click “State Commission on Judicial Conduct.” 6



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Test Your KnowledgeAbout the Code of Judicial Conduct

(“Canons”)

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The Code of Judicial Conduct

. . . is written by judges for judges.1. True2. False

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The Code of Judicial Conduct

. . . applies to court clerks and other court personnel. 1. True2. False



Canons That Relate To Court Staff

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The Judge and Court Staff

A judge should require staff, court officials and others subject to the judge’s direction and control, while performing their official duties, to observe the standards of fidelity and diligence that apply to the judge, and to refrain from manifesting bias or prejudice.

--Canon 3C(2), Code of Judicial Conduct

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Prestige of Judicial Office

A judge shall not allow any relationship to influence judicial conduct or judgment.

A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others.

--Canon 2B, Code of Judicial Conduct



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Influence Over The Judge

. . . A judge shall not convey or permit others to convey the impression they are in a special position to influence the judge.

A judge shall not testify voluntarily as a character witness.

--Canon 2B, Code of Judicial Conduct

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Patience, Dignity & Courtesy

A judge shall be patient, dignified and

courteous to litigants, jurors, witnesses, lawyers

and others with whom the judge deals in an

official capacity. A judge should require

similar conduct of lawyers, staff, court officials

and others subject to the judge’s direction and

control.--Canon 3B(4), Code of Judicial Conduct

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Bias or Prejudice

A judge shall not . . . manifest bias or prejudice, including on the basis of race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status. . . .

--Canon 3B(6), Code of Judicial Conduct



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More on Bias or Prejudice

A judge shall not knowingly permit staff, court officials and others subject to the judge’s direction and control to manifest said bias or prejudice.


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The Right To Be Heard

A judge shall accord to every personwho has a legal interest in a court proceeding the right to be heardaccording to law.


What Is An ImproperEx Parte Communication?

A communication made to or by a judge, concerning the merits of a pending case or proceeding, outside the presence of all the parties or their representatives.

However, not every communication is improper. For example, it is proper in a civilcase for the judge to conduct a default hearing, if the defendant fails to appear after being properly notified.

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Ex Parte Communications

A justice of the peace or a municipal court judge, except as authorized by law, shall not directly or indirectly initiate, permit or consider ex parteor other communications concerning the merits of a pending judicial proceeding.


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Court Staff

A judge should require staff, court officials and others subject to the judge’s direction and control, while they are performing their official duties, to observe the standards of fidelity and diligence that apply to the judge, and to refrain from manifesting bias or prejudice.


Can Court Staff Be Sanctioned?

Not by the Commission on Judicial Conduct

But by the Human Resources Department

Can the judge complain about behavior of court staff?

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Commission Statistics

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SCJC Statistics-Texas Judges

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Fiscal Year 2016 Complaints Filed



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Disciplinary Actions (Excluding Suspensions)

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SANCTIONS INVOLVING COURT STAFF

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Clerk’s Timecard Falsified

The judge was indicted on eight counts of intentionally and knowingly falsifying a clerk’s timecard that reflected hours worked that the clerk did not actually work. The judge was suspended from office with pay. Later, he was convicted and resigned from the bench.

[Art. V, §1-a(6)A, Constitution.] Suspension of a Justice of the Peace (10/29/01).



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Judge’s Record-Keeping

The judge persistently failed to maintain and monitor his docket, properly account for and deposit monies collected by his court, and timely file with OCA the required monthly activity reports.

[Art. V, §1-a(6)A, Constitution; Canon 2A.] Public Admonition and Order of Additional Education of a Justice of the Peace (08/25/03).

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Judge Plays Sex “Game”

In his office during business hours, the judge played a “game” by binding a clerk’s hands behind her back, tying her ankles together, and gagging her with a scarf. Then, while watching “bondage” videos, he timed the clerk to see how fast she could free herself. The judge engaged in a persistent pattern of inappropriate conduct which cast public discredit on the judiciary.

[Art. V, §1-a(6)A, Constitution.] Public Reprimand of An Associate Judge (04/26/00).

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Sexual Harassment

The judge made inappropriate personal comments to a county employee who worked under his direct supervision. The employee filed a sexual harassment complaint with the county. She transferred to another department and was still under the judge’s direct supervision, although not in his office. Each time he saw her, the judge asked ‘how she was doing.’ She told him to stop asking her anything of a personal nature, and he complied.

[Canon 3B(4).] Private Order of Additional Education of a County Judge (10/09/03).



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Judge Influenced by Clerks

Court clerks complained to the judge about a funeral home director’s repeated efforts to obtain a signed death certificate. The judge allowed his clerks to improperly influence his conduct towards the funeral home director, causing the judge to unreasonably and purposefully delay signing the death certificate and to treat him discourteously.

[Art. V, §1-a(6)A, Constitution; Canons 2A, 2B and 3B(4).] Public Admonition of a Justice of the Peace (06/05/02).

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Judge Influenced by Clerks

Based on a complaint filed by his clerk (who had a dispute with the County Treasurer about the clerk’s paycheck), the judge issued a warrant for the Treasurer’s arrest, without determining if probable cause existed. The judge failed to comply with the law and failed to maintain professional competence in the law.

[Canons 2A and 3B(2).] Private Admonition of a Justice of the Peace (12/21/04).

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Judicial Campaign

The judge placed undue pressure on his court staff by “requesting” that they use their personal time to assist him with his re-election campaign.

[Canon 2B.] Private Admonition of a District Judge(04/07/04).



Judge’s Record-Keeping Duties

The judge persistently failed to maintain and monitor his docket, properly account for and deposit monies collected by his court, and timely file with OCA the required monthly activity reports.

[Art. V, §1-a(6)A, Constitution; Canon 2A.] Public Admonition and Order of Additional Education of a Justice of the Peace (08/25/03).

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Practical Examples for Court Administrators

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Dan The Demanding Defendant

Dan, a misdemeanor defendant, wants to

plead “no contest,” pay his fine and take

probation. You tell him he also owes for

other costs and fee. Dan yells, “That’s

crazy! Your *@!# judge can’t make me

pay that much *@!# money! Let me see

her!”



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What Should You Do About Dan?

1. Tell him he ain’t seen nothin’ yet, and just wait until the judge gets hold of him!

2. Tell him to “Shut up or else!”

3. Warn him to stop, then call law enforcement.

4. Open the door to the judge’s office, tell her “Good Luck,” and let Dan in.

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Carrie “The Crabby Clerk”

Carrie is a court clerk with a short fuse. She’s a good worker, but lacks patience. When a lawyer comes in with a bad attitude, Carrie adopts an even worse attitude herself. Recently, she responded to an angry attorney with a string of profanities.

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What Can You Do About Carrie?

1. Compliment her, and ask her to teach everyone to talk like that.

2. Tell her to “Shut up or else!”

3. Warn her, then contact Human Resources.

4. Warn her, then contact the judge.



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Undeposited Court Fees

The judge has been in office for 20 years, and Nelda has been his faithful court clerk for all that time. When Nelda got back from vacation this year, she discovered that no one had deposited the cash payments collected while she was gone. When Nelda tried to discuss the problem with the judge, he just got angry and refused to talk.

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What Should Nelda Do?

1. Keep quiet and forget about it.

2. Tell her best friend confidentially.

3. Report the situation to the District Attorney.

4. Call the Commission on Judicial Conduct.

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Opening the Judge’s Mail

Jackie, the court administrator, opened a letter an attorney sent to the judge. It looked like any other letter from a lawyer. But when Lupe began to read it, she realized the lawyer was defending himself against charges that his wife filed against him for domestic violence. In the letter, the lawyer also submitted his plea of Not Guilty and requested a jury trial.



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What Should Lupe Do With The Letter?

1. Show it to the judge immediately.

2. Put it in the court case file.

3. Write the lawyer and state that improper ex parte communication is not appropriate, and send the prosecutor a copy of both letters.

4. Remind the judge of the lawyer’s attempt at ex parte when the trial starts.

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Paul’s Post-it Note

An irate pro se plaintiff yelled at everyone in the court office. He was particularly hateful to Paul, the court administrator. After the plaintiff left, Paul attached the following post-it note to the court’s file: “This guy was a real jerk! Watch out for him!”

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Any Problems With Paul’s Post-It Note?

1. This is an innocent heads-up to anyone dealing with the litigant, warning them about his bad attitude.

2. The note doesn’t concern the merits of the case, so there’s no problem.

3. The note goes into a public file, and could give the public the impression that this is not an impartial court.

4. It’s temporary—we can remove it if the public wants to see the file.



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Carla the Campaigner

Carla is the court administrator. She supports an attorney who is running for a newly-created district court bench. Carla would like to do more than just contribute money to the lawyer’s campaign.

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What Can Carla Do?

1. Display her friend’s campaign sign at her desk.

2. Get permission from the judge first.3. Walk her precinct for both her friend and

her judge.4. Pass out flyers at the county parking lot

before and after work.

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Helpful Resources



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The State Commission on Judicial Conduct

Toll-Free: (877) 228-5750

In Austin: (512) 463-5533

P.O. Box 12265, Austin, Texas 78711www.scjc.state.tx.us

(for complaint forms, details about Public and Private Sanctions, Code of Judicial Conduct and other legal

resources)

Documents

JUDICIAL ETHICS FOR COURT STAFF - TMCEC · State Commission on Judicial Conduct Judicial Ethics And Court Administrators 2 Commission Objectives Protect the public Promote public